Human Rights Commission calls for withdrawal of Immigration Bill

Please see the latest press release from the Human Rights Commission calling on the Government to withdraw the recently tabled Bermuda Immigration and Protection (No 2) Amendment Act 2017. --- “The Human Rights Commission [HRC] is issuing a brief statement to address the tabling of Friday’s Bermuda Immigration No. 2 Act 2017. We wish to acknowledge the questions and concerns that have arisen from members of the public and all the stakeholders we serve. “The HRC is steadfastly against the Government’s decision to table the Bermuda Immigration No. 2 Act 2017, the purpose of which is to exempt the majority of the Bermuda Protection and Immigration Act, 1956 [BIPA] from compliance with the Human Rights Act, 1981 [HRA]. “The HRC has not yet seen the draft Bill, and therefore cannot effectively address specific questions on the potential implications of the Bill. “Tabling a Bill of this nature, one that will have human rights implications without consultation is entirely inconsistent with the spirit and purpose of the HRA particularly as the topic of immigration has necessarily been highly emotive and divisive. “The HRC has already communicated with the Government that it is imperative to undertake an inclusive process of consultation that reflects the gravity of the proposed amendments, and the significance of this national issue. “The HRC advocated for comprehensive immigration reform under the previous administration, and has reinforced this need with the Government, however, ensuring an inclusive consultation process is essential. “The preamble of the Human Rights Act expressly states that it was enacted “to make better provision to affirm [international human rights] and freedoms and to protect the rights of all members of the Community”. “The Act was born from the Universal Declaration of Human Rights of the United Nations and the European Convention on Human Rights, which were both created in reaction to the erosion of human rights during World War I and II, and to expand protection afforded under the Bermuda Constitution Order, 1968. “The treaties were measures to ensure equality, democracy and the protection of minorities, in particular. Consequently, our Human Rights Act is a measure to protect those same aims, and it is a shield behind which protection is afforded. “The strength of this shield is made stronger by the HRA’s primacy over all other laws, except the Constitution; that is that all other laws must be read to be compliant with the Act. The stronger the shield, the stronger the protection for us all. “It is therefore reckless to undermine the Human Rights Act or have it portrayed as either a tool to be manipulated, or for manipulation. Steps to reduce the effectiveness of the Act should invoke thorough examination before being enacted and should only be taken in rare cases. “This is clearly the position in most democratic societies where exemptions from Human Rights legislation are carefully considered in support of balancing rights and associated implications for all stakeholders. For example, the entirety of the UK immigration legislation is not exempt from their Human Rights Act. “The HRC is committed to engaging with Government on this issue, and have expressed our urgent concerns. There is too much at stake for media sparring and speculation at this stage. We are determined to steer the course towards less polarizing and divisive engagement to address these challenging issues. “We therefore urge the Government to withdraw the tabled Bill to allow for proper consultation as advised. Our view is that the HRA should be strengthened and protected, not weakened or minimalized. “The HRC will continue to communicate our concerns with the Government and advocate for the upholding, advancement and protection of human rights in Bermuda.”